5101:2-12-07
Inspection of licensed child care centers in a regular license and the investigation of unlicensed child care centers.

(A)
The Ohio
department of job and family services (ODJFS)
shall investigate and inspect each center and shall provide a written
inspection report to the licensee and/or
administrator after each inspection.

(B)
Centers shall be inspected at least
once
during every twelve month period and ODJFS may conduct additional
inspections as needed. All inspections shall be
unannounced .

(C)
Every person,
firm, partnership, organization, institution, or agency shall cooperate with
ODJFS or any state or local official when performing
inspection duties required by Chapter 5104. of the Revised Code and Chapter
5101:2-12 of the Administrative Code. The center shall:

(1)
Provide access to all areas of the
premises at any time during operation for either announced or unannounced
inspections.

(2)
Provide access to
pertinent records upon request, or furnish records to the department within ten
business days if records are not required to be on file at the center.

(3)
Provide any other information
or documentation the department determines is necessary to assess the center's
compliance with the requirements of Chapter 5104. of the Revised Code and
Chapter 5101:2-12 of the Administrative Code.

(4)
Provide any
materials to correct noncompliances detailed in the written inspection report
and as requested by ODJFS, within the timeframe noted in the inspection
report.

(D)
Failure of any
person, firm, partnership, organization, institution, or agency to cooperate
with the department or any state or local official when performing duties
required by Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the
Administrative Code shall be grounds for denial or revocation of a license,
pursuant to administrative hearing rights afforded by Chapter 119. of the
Revised Code.

(E)
ODJFS shall investigate and
may inspect any center upon receipt of any allegations that the center is out
of compliance with the requirements of Chapter 5104. of the Revised Code
and/or Chapter 5101:2-12 of the Administrative
Code.

(F)
The center owner, administrator, or designee may
use the following process to request a review of the investigation and/or
inspection findings.

(1)
If the administrator
or designee of a licensed child care center disagrees with any of the findings
and an informal discussion with the licensing specialist does not provide a
resolution of the issues, the administrator or designee may submit a written
request for a review of findings. This request must be submitted within seven
business days from receipt of the findings to the appropriate licensing
supervisor. The licensing supervisor shall review the findings and may meet
with the administrator or designee. The licensing supervisor shall prepare a
written decision of the review.

(2)
If the administrator or designee of a
licensed child care center disagrees with the decision of the licensing
supervisor, the administrator or designee may submit a written request for a
review of findings to the chief of the licensing section, within seven business
days of receipt of the decision of the licensing supervisor. The chief of the
licensing section shall review the findings, the materials and the decision of the licensing
supervisor, and may meet with any or all parties. The chief of the licensing
section shall prepare a written decision of the review. The decision of the
chief of the licensing section shall be final and does not entitle the agency
to any hearing rights under Chapter 119. of the Revised Code, unless the
department initiates action to deny or revoke the license.

(G)
ODJFS may hold hearings, issue
subpoenas, compel testimony, and make adjudications as required by Chapter 119.
of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(H)
Upon receiving a complaint or otherwise being
advised that the center is providing child care without a license, the
department shall investigate and inspect all areas of the center.

(I)
Upon determining that a center is operating without a license, the department
shall notify the attorney general, the prosecuting attorney of the county in
which the center is located, or the city attorney, village solicitor, or other
chief legal officer of the municipal corporation in which the center is
located, that the center is operating without a license. Upon receipt of this
notification, the attorney general, prosecuting attorney, city attorney,
village solicitor, or other chief legal officer of a municipal corporation
shall file a complaint in the court of common pleas of the county in which the
center is located, requesting that the court grant an order enjoining the owner
from operating such center in violation of section
5104.02 of the Revised Code.

(J)
The department may petition for injunctive relief
against a center in the following instances: